Category

Governmental or Public Benefit Programs
29
Mar

Payment For Care Under A Contract Is Not Transfer For Fair Market Value And Results In A Penalty Period Under Medicaid

March 29, 2010
A New Jersey appeals court recently held that a life care contract between a nursing...
25
Mar

Son Not Liable For Unpaid Nursing Home Bill Even Though Transfer Of Father’s Home To Son Caused Father To Be Ineligible For Medicaid

March 25, 2010
Heriberto Pumarejo transferred the ownership of his home to his son, Herbert Pumarejo, Jr., for...
21
Mar

The Purchase Of A Private Annuity By An SSI Beneficiary Is A Permissible Spend-Down Technique

March 21, 2010
As you know, the Supplemental Security Income (SSI) program, administered by the Social Security Administration...
16
Mar

Tips For Parents Of Children With Disabilities And Other Special Needs Who Are Planning Their Estates

March 16, 2010
The following list contains some of the most frequently encountered issues faced by parents of...
11
Mar

State Medicaid Directors Ask CMS To Change Annuity Rules

March 11, 2010
Conceding defeat in the courts, the National Association of State Medicaid Directors (NASMD) has sent...
04
Mar

Social Security Will Run A Deficit In 2010 And 2011, And Maybe Beyond

March 4, 2010
Social Security’s annual surplus nearly evaporated in 2009 for the first time in 25 years...
26
Feb

Ignorance Isn't Bliss When You Apply For Medicaid

February 26, 2010
In what may be considered a victory of judicial deference over equity, this week our...
15
Feb

Social Security Adds New Compassionate Allowances Conditions, Including Early-Onset Alzheimer's Disease

February 15, 2010
The Social Security Administration (SSA) announced on Thursday, February 11, 2010, that the agency is...
10
Feb

Plaintiff Stated A Claim Under The ADA When NJ Refused To Raise The Income Cap Which Excluded Him From A Community Medicaid Program

February 10, 2010
In Duffy v. Velez, Civ. No. 09 – 5539 (D.N.J. 2010), plaintiff was a disabled...
06
Jan

Union County’s Promise To Provide Health Coverage For Life In Exchange For Early Retirement Not Binding

January 6, 2010
In Rodbart v. County of Union, 2009 N.J. Super. Unpub. LEXIS 3084 (December 21, 2009),...
29
Dec

The Top 10 (NOT; Actually, The Top 15) New Jersey Elder And Disability Law Cases in 2009

December 29, 2009
2009 was an exciting year of litigation in the elder and disability law arena, producing...
15
Dec

Medicaid Eligibility Denied Based Upon A Home Transfer To A "Caregiver Child" Who Was Employed Full-Time

December 15, 2009
(The A.N. case, described below, was decided on administrative appeal in 2007 and affirmed the...
10
Dec

SSI Basics

December 10, 2009
Supplemental Security Income (SSI) is a federal program that helps aged, blind and disabled people...
02
Dec

Federal Judge Rules That SSA’s Standard Print Notices Discriminate Against The Blind And Visually Impaired

December 2, 2009
A federal district court judge in California recently ruled that the Social Security Administration (SSA)...
13
Nov

Federal Appeals Court Rules That Annuity Payments Made To The Spouse Of A Nursing Home Resident Are Not Countable By Medicaid

November 13, 2009
In Weatherbee v. Richman, 595 F. Supp. 2d 607 (W.D. Pa. 2009), the U.S. District...
09
Nov

I Was A Speaker At The NAELA Guardianship And Public Benefits Conference

November 9, 2009
This past weekend, November 7 – 8, 2009, the National Academy of Elder Law Attorneys...
03
Nov

SSA Annual Fact Sheet Shows SGA Amount For 2010 Will Be $1,000 Per Month

November 3, 2009
The Social Security Administration (SSA) published its annual Fact Sheet last month, showing changes to...
29
Oct

Unusual Special Needs Trust Distribution Requests

October 29, 2009
Special needs trusts (also known as “supplemental needs” trusts) allow a disabled beneficiary to receive...
28
Oct

New Jersey Administrative Judge Finds That A Retirement Annuity Owned By A Medicaid Applicant’s Spouse Is Not Countable

October 28, 2009
An Opinion and Order was entered on October 20, 2009 by Administrative Law Judge Joseph...
26
Oct

Federal Judge Enjoins New Jersey From Denying Medicaid Eligibility To Aged Parents Who Transferred Assets Outright To Their Blind Or Disabled Children

October 26, 2009
In order to qualify for Medicaid benefits, applicants cannot possess assets which exceed the financial...
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